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Long-awaited legislation means UAE civil judgements are now enforceable in India

January, 19,2020

By Raka Roy

The impact of globalisation has opened up previously closed economies across the globe, including India. This in turn allowed for many cross-border disputes. However, execution and validity of a foreign decree in India has always been a complicated issue.

In 1999 an agreement was executed between UAE and India on Juridical and Judicial Cooperation, encompassing: judicial documents, service of summons, execution of judgements, and matters related to all commissions in all civil and criminal matters decided by the UAE courts. 

Accordingly, the UAE was recognised as a ‘reciprocating territory’ under section 44A of the Indian Civil Procedure Code (CPC). However, this agreement was never notified as per the requirements of section 44A of the CPC for any of the above legal steps from UAE judiciary to be enforceable in India. As such, the declaration of being a ‘reciprocating territory’ was not completed. 

On January 17, 2020, twenty year since the agreement, the Ministry of Law and Justice, Department of Legal Affairs, Govt. of India finally passed a judgement allowing the step of notification to be completed, under notification no. G.S.R. 38 (E) and published in the Gazette of India (extraordinary-part 2 Sec. 3 (i)). With this, all juridical and judicial awards and documents issued by the UAE courts would be immediately enforceable in India via the execution courts in the country.